BEPIN CHANDRA MANDAL Vs. EMPEROR

JUDGEMENT

(1.) In this case six appellants were tried on a charge under Section 201, I.P.C. before the Additional Sessions Judge of the 24-Pargannas sitting with a jury. The jury by a majority of 4 to 3 found them guilty and the learned Judge accepted the majority verdict of the jury and convicted the appellants and sentenced them to four years rigorous imprisonment each. He stated in his order: While this is a case in which there are certain doubtful factors I hesitate not to accept the majority verdict of the jury as this is the second time the accused have been tried by a special jury and a second time a verdict of guilty has been returned by the majority. It was essentially a case in which the jury must decide and I therefore accept their decision while not agreeing with it. I shall be glad if the accused get relief in the appellate Court.

(2.) Now, the general character of the case was this that one Chintamoni left his home to go to Maibibirhat and never returned. His dead body was found in a tank which may be called Nibaran's tank. There is evidence of a witness who says that he saw the accused with the body near a tank called Suren's tank. This witness is called Parameawar. He says that he confronted the six accused with the body of Chintamoni on the bank of the tank. They first of all told him to get away and then called him back and threatened him. There is evidence of two other witnesses, one called Adyait and another called Kansari, who were coming from a place called Dharmacharak at Panapukar, and as they crossed a bheri west of Nibaran's tank they say they saw these six accused with the dead body. They appear to have been dragging the dead body, but the witnesses evidence as to seeing the actual dragging is not very definite.

(3.) The learned Judge put the case to the jury quite fairly, without laying undue stress either way. He left them to consider whether upon this evidence they were entitled to find that the accused were taking the dead body there. He left to them very fairly and properly the evidence on either side as to whether it was proved that Chintamoni had been murdered and whether it was possible that Chintamoni had been drowned by accident. He told them that unless they were satisfied as to the commission of the offence of murder they could not on a charge under Section 201 go any further.